Legal Question in Medical Malpractice in California

Re: Who do I get to sue a physician,

Statute of limitations on Medical Malpractice are tricky because they can start on several different dates depending on your treatment, date you sought treatment and date of diagnosis. I would recommend that you consult with an attorney who specializes in Medical Malpractice. If there are no attorneys in your immediate area who will help, you may want to contact the county bar association in the closest large city, ie. San Francisco, LA, San Diego, Fresno. Ask them for a referral to an attorney who specializes in Medical Malpractice. Almost all attorneys will at least speak with you over the phone regarding your case. This way you can at least get a straight answer to your questions from an attorney who isn't worried about local politics.

Good luck. I hope I have at least pointed you in the right direction.

John Hayes

Re: Who do I get to sue a physician,

I HAVE READ THE REPLY OF MR. HAYES. IT IS QUITE ACCURATE. HOWEVER, A LOT MORE WILL BE NEEDED. THE FIRST QUESTION IS WHEN WAS THE LAST TIME BEFORE THE DISCOVERY OF THE MALIGNANCY THAT YOU SAW ANY OF THE DOCTORS THAT MAY HAVE MIS-DIAGNOSED YOU AND WHETHER YOU STAYED UNDER THEIR CARE DURING YOUR POST DISCOVERY TREATMENT. SECONDLY, YOUR AGE, FAMILY HISTORY, SYMPTOMS, MAMMOGRAPHY STUDIES AND OTHER TEST RESULTS WILL HAVE TO BE CONSIDERED.

FOLLOW THE ADVISE OF MR. HAYES AND FIND A GOOD LAWYER IN YOUR AREA.

Re: Who do I get to sue a physician,

You sought medical advice regarding a lump in your breast for 7+ years and were told it was nothing. September or October of 1999 you discovered it was cancer.

Law firms specializing in medical malpractice sue local doctors and medical facilities regularly. Contact a law firm that specializes in medical malpractice. The best firms provide free consultations, free case evaluations, no fee until they recover money for you and advance all of the litigation costs.

Upon the discovery of the cancer, your time within which to make a claim and/or file a lawsuit began to run. In most situations like yours, in California, you have one year from the time of the discovery to make a claim and/or file a lawsuit. (Without going into a lot of detail, California requires a notice of claim to be sent during the one year period. The claim, if sent timely extends the filing date. However, if the one year time limit has passed, sending a late claim will not reopen the time within which a lawsuit must be filed.) From what you have provided, I believe that it is to late to file a claim. There are circumstances within which you may still be able to file a timely claim however.

Please, immediately, contact a firm specializing in medical malpractice for a free consultation to determine if there is time for you to file a claim. I am interested in discussing this matter with you. Good luck!

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123.